Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
63Charlie

Seeking Opinions

Question

I have ZERO CONFIDENCE that the VARO has any intention to allow a favorable decision on my behalf at a DRO hearing.

The VARO's pattern of ignoring ALL of my favorable evidence, and development to deny my claim has led me to the above conclusion.

Some claims have been denied WITHOUT a C&P exam even though my service treatment records show traumatic injuries happened to me, and I have current medical diagnosis of residual disabilities from those injuries.

 

If you want a clear drink of water, you have to go to the head of the stream.

The St. Petersburg VARO is taking 3-4 years just for a DRO review. 

 

It would NOT be logical to wait in line that long for what I'm convinced will be a denial, and then wait ANOTHER three or four years for a chance to get my appeals heard at the BVA level.

The BVA MAY award some of my appeals... but I am certain they will remand some of my appeals back to the VARO for more evidence development in the form of more C&P exams, which the VARO was aware SHOULD have been done to begin with, had they followed the rules in their regulations manual.

It's a vicious cycle(appeals) and I am much aware of why vets have called the disability claims/appeals process a "Hamster Wheel".

 

I am aware that a DRO review is supposed to be a fresh look.

That is words. 

Words with no substance from where I stand.

Each person has different experiences. 

 

I don't think my attorney intends to perfect the appeals until AFTER a SOC(VARO denial) is issued.

Once that happens, attorneys must put forth significant effort to win.

 

I AM aware that some vets have gotten awarded at DRO reviews, but I'm not feeling it will be in my best interest to do so.

Each case is different.

 

Well here goes......

Edited by 63Charlie

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Ever consider taking it to the Press? If you can find a sympathetic ear, they might do a story on the issue.

  • Like 1

Share this post


Link to post
Share on other sites

Ad


  • 0

I can tell you from my experience with the St. Pete RO since 1994. DRO, CUE and all that is usually a waste of time. I never got anywhere with my claims untill they went into appeals and I got a lawyer involved, just pick a good one. A good lawyer will keep your claim out of the AMC, which is a black hole, and will tell you all these hail Mary attempts are just going to add years to your claims. 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

I hate cameras.

 

 

***update***

My attorney is going to pull the DRO hearing request, stating the results at the St. Pete VARO haven't been so good.

Going to request a SOC to be issued so the form to get me in the BVA waiting line can be filed.

Happy my attorney is going this route.

Edited by 63Charlie
clarification
  • Like 2

Share this post


Link to post
Share on other sites
  • 0

63charlie, sounds like a plan. You probably know this, however, a BVA hearing is always a good thing. I had mine in 2005 at St. Pete. and was able to look my BVA Judge in the eye, state my case and ask questions. This also allowed the inevitable mistakes that are always in the SSOC to be addressed. I don't know if hearings are still done that way but I believe it helped me win my appeal+the lawyer used excerpts from the hearing as evidence that sort of painted the Judge into a corner using her own words.

Good luck on the long haul. Just remember, [and I hope this has not changed either] they had to pay me retro from 1996 when I won the claim in 2009, one year after I finally hired the Lawyer and quite trying to go it alone to save a little bit of money. Anyway, the lawyers don't get the 20% on remands, the Gov. pays for that, and that money  somehow is taken off your final award. I did not explain that very well, but the point is; a good part of the Lawyer's fee will be paid by the VA and not out of your pocket when you win.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

get the appeal going with the BVA

take some time and get some money together for a good IMO

be ready to hand the new IMO to judge.

file for hardship advancement on docket if you can..

  • Like 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines